§ 1721. — Congressional findings and declaration of policy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1721]
TITLE 25--INDIANS
CHAPTER 19--INDIAN LAND CLAIMS SETTLEMENTS
SUBCHAPTER II--MAINE INDIAN CLAIMS SETTLEMENT
Sec. 1721. Congressional findings and declaration of policy
(a) Findings and declarations
Congress hereby finds and declares that:
(1) The Passamaquoddy Tribe, the Penobscot Nation, and the
Maliseet Tribe are asserting claims for possession of lands within
the State of Maine and for damages on the ground that the lands in
question were originally transferred in violation of law, including,
but without limitation, the Trade and Intercourse Act of 1790 (1
Stat. 137), or subsequent reenactments or versions thereof.
(2) The Indians, Indian nations, and tribes and bands of
Indians, other than the Passamaquoddy Tribe, the Penobscot Nation,
and the Houlton Band of Maliseet Indians, that once may have held
aboriginal title to lands within the State of Maine long ago
abandoned their aboriginal holdings.
(3) The Penobscot Nation, as represented as of the time of
passage of this subchapter by the Penobscot Nation's Governor and
Council, is the sole successor in interest to the aboriginal entity
generally known as the Penobscot Nation which years ago claimed
aboriginal title to certain lands in the State of Maine.
(4) The Passamaquoddy Tribe, as represented as of the time of
passage of this subchapter by the Joint Tribal Council of the
Passamaquoddy Tribe, is the sole successor in interest to the
aboriginal entity generally known as the Passamaquoddy Tribe which
years ago claimed aboriginal title to certain lands in the State of
Maine.
(5) The Houlton Band of Maliseet Indians, as represented as of
the time of passage of this subchapter by the Houlton Band Council,
is the sole successor in interest, as to lands within the United
States, to the aboriginal entity generally known as the Maliseet
Tribe which years ago claimed aboriginal title to certain lands in
the State of Maine.
(6) Substantial economic and social hardship to a large number
of landowners, citizens, and communities in the State of Maine, and
therefore to the economy of the State of Maine as a whole, will
result if the aforementioned claims are not resolved promptly.
(7) This subchapter represents a good faith effort on the part
of Congress to provide the Passamaquoddy Tribe, the Penobscot
Nation, and the Houlton Band of Maliseet Indians with a fair and
just settlement of their land claims. In the absence of
congressional action, these land claims would be pursued through the
courts, a process which in all likelihood would consume many years
and thereby promote hostility and uncertainty in the State of Maine
to the ultimate detriment of the Passamaquoddy Tribe, the Penobscot
Nation, the Houlton Band of Maliseet Indians, their members, and all
other citizens of the State of Maine.
(8) The State of Maine, with the agreement of the Passamaquoddy
Tribe and the Penobscot Nation, has enacted legislation defining the
relationship between the Passamaquoddy Tribe, the Penobscot Nation,
and their members, and the State of Maine.
(9) Since 1820, the State of Maine has provided special services
to the Indians residing within its borders, including the members of
the Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band
of Maliseet Indians. During this same period, the United States
provided few special services to the respective tribe, nation, or
band, and repeatedly denied that it had jurisdiction over or
responsibility for the said tribe, nation, and band. In view of this
provision of special services by the State of Maine, requiring
substantial expenditures by the State of Maine and made by the State
of Maine without being required to do so by Federal law, it is the
intent of Congress that the State of Maine not be required further
to contribute directly to this claims settlement.
(b) Purposes
It is the purpose of this subchapter--
(1) to remove the cloud on the titles to land in the State of
Maine resulting from Indian claims;
(2) to clarify the status of other land and natural resources in
the State of Maine;
(3) to ratify the Maine Implementing Act, which defines the
relationship between the State of Maine and the Passamaquoddy Tribe,
and the Penobscot Nation, and
(4) to confirm that all other Indians, Indian nations and tribes
and bands of Indians now or hereafter existing or recognized in the
State of Maine are and shall be subject to all laws of the State of
Maine, as provided herein.
(Pub. L. 96-420, Sec. 2, Oct. 10, 1980, 94 Stat. 1785.)
References in Text
The Trade and Intercourse Act of 1790 (1 Stat. 137), referred to in
subsec. (a)(1), is act July 22, 1790, ch. 33, 1 Stat. 137, which was not
classified to the Code. See sections 177, 179, 180, 193, 194, 201, 229,
230, 251, 263, and 264 of this title.
Short Title
Section 1 of Pub. L. 96-420 provided: ``That this Act [enacting this
subchapter] may be cited as the `Maine Indian Claims Settlement Act of
1980'.''
Aroostook Band of Micmacs Settlement
Pub. L. 102-171, Nov. 26, 1991, 105 Stat. 1143, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Aroostook Band of Micmacs Settlement
Act'.
``SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY.
``(a) Findings and Policy.--Congress hereby finds and declares that:
``(1) The Aroostook Band of Micmacs, as represented as of the
time of passage of this Act by the Aroostook Micmac Council, is the
sole successor in interest, as to lands within the United States, to
the aboriginal entity generally known as the Micmac Nation which
years ago claimed aboriginal title to certain lands in the State of
Maine.
``(2) The Band was not referred to in the Maine Indian Claims
Settlement Act of 1980 [25 U.S.C. 1721 et seq.] because historical
documentation of the Micmac presence in Maine was not available at
that time.
``(3) This documentation does establish the historical presence
of Micmacs in Maine and the existence of aboriginal lands in Maine
jointly used by the Micmacs and other tribes to which the Micmacs
could have asserted aboriginal title but for the extinguishment of
all such claims by the Maine Indian Claims Settlement Act of 1980.
``(4) The Aroostook Band of Micmacs, in both its history and its
presence in Maine, is similar to the Houlton Band of Maliseet
Indians and would have received similar treatment under the Maine
Indian Claims Settlement Act of 1980 if the information available
today had been available to Congress and the parties at that time.
``(5) It is now fair and just to afford the Aroostook Band of
Micmacs the same settlement provided to the Houlton Band of Maliseet
Indians for the settlement of that Band's claims, to the extent they
would have benefited from inclusion in the Maine Indian Claims
Settlement Act of 1980.
``(6) Since 1820, the State of Maine has provided special
services to the Indians residing within its borders, including the
members of the Aroostook Band of Micmacs. During this same period,
the United States provided few special services to the Band and
repeatedly denied that it had jurisdiction over or responsibility
for the Indian groups in Maine. In view of this provision of special
services by the State of Maine, requiring substantial expenditures
by the State of Maine and made by the State of Maine without being
required to do so by Federal law, it is the intent of Congress that
the State of Maine not be required further to contribute directly to
this settlement.
``(b) Purpose.--It is the purpose of this Act to--
``(1) provide Federal recognition of the Band;
``(2) provide to the members of the Band the services which the
United States provides to Indians because of their status as
Indians; and
``(3) place $900,000 in a land acquisition fund and property tax
fund for the future use of the Aroostook Band of Micmacs; and
``(4) ratify the Micmac Settlement Act, which defines the
relationship between the State of Maine and the Aroostook Band of
Micmacs.
``SEC. 3. DEFINITIONS.
``For the purposes of this Act:
``(1) The term `Band' means the Aroostook Band of Micmacs, the
sole successor to the Micmac Nation as constituted in aboriginal
times in what is now the State of Maine, and all its predecessors
and successors in interest. The Aroostook Band of Micmacs is
represented, as of the date of enactment of this Act [Nov. 26,
1991], as to lands within the United States, by the Aroostook Micmac
Council.
``(2) The term `Band Tax Fund' means the fund established under
section 4(b) of this Act.
``(3) The term `Band Trust Land' means land or natural resources
acquired by the Secretary of the Interior and held in trust by the
United States for the benefit of the Band.
``(4) The term `land or natural resources' means any real
property or natural resources, or any interest in or right involving
any real property or natural resources, including (but not limited
to) minerals and mineral rights, timber and timber rights, water and
water rights, and hunting and fishing rights.
``(5) The term `Land Acquisition Fund' means the fund
established under section 4(a) of this Act.
``(6) The term `laws of the State' means the constitution, and
all statutes, regulations, and common laws of the State of Maine and
its political subdivisions and all subsequent amendments thereto or
judicial interpretations thereof.
``(7) The term `Maine Implementing Act' means the Act entitled
`Act to Implement the Maine Indian Claims Settlement' that was
enacted by the State of Maine in chapter 732 of the Maine Public
Laws of 1979, as amended by chapter 675 of the Maine Public Laws of
1981 and chapter 672 of the Maine Public Laws of 1985, and all
subsequent amendments thereto.
``(8) The term `Micmac Settlement Act' means the Act entitled
`Act to implement the Aroostook Band of Micmacs Settlement Act' that
was enacted by the State of Maine in chapter 148 of the Maine Public
Laws of 1989, and all subsequent amendments thereto.
``(9) The term `Secretary' means the Secretary of the Interior.
``SEC. 4. AROOSTOOK BAND OF MICMACS LAND ACQUISITION AND PROPERTY TAX
FUNDS.
``(a) Land Acquisition Fund.--There is hereby established in the
Treasury of the United States a fund to be known as the Aroostook Band
of Micmacs Land Acquisition Fund, into which $900,000 shall be deposited
by the Secretary following the appropriation of sums authorized by
section 10.
``(b) Band Tax Fund.--(1) There is hereby established in the
Treasury of the United States a fund to be known as the Aroostook Band
of Micmacs Tax Fund, into which shall be deposited $50,000 in accordance
with the provisions of this Act.
``(2) Income accrued on the Land Acquisition Fund shall be
transferred to the Band Tax Fund until a total of $50,000 has been
transferred to the Band Tax Fund under this paragraph. No transfer shall
be made under this subsection if such transfer would diminish the Land
Acquisition Fund to a balance of less than $900,000.
``(3) Whenever funds are transferred to the Band Tax Fund under
paragraph (2), the Secretary shall publish notice of such transfer in
the Federal Register. Such notice shall specify when the total amount of
$50,000 has been transferred to the Band Tax Fund.
``(4) The Secretary shall manage the Band Tax Fund in accordance
with section 1 of the Act of June 24, 1938 (52 Stat. 1037; 25 U.S.C.
162a), and shall utilize the principal and interest of the Band Tax Fund
only as provided in paragraph (5) and section 5(d) and for no other
purpose.
``(5) Notwithstanding the provisions of title 31, United States
Code, the Secretary shall pay out of the Band Tax Fund, all valid claims
for taxes, payments in lieu of property taxes, and fees, together with
any interest and penalties thereon--
``(A) for which the Band is determined to be liable;
``(B) which are final and not subject to further administrative
or judicial review; and
``(C) which have been certified by the Commissioner of Finance
in the State of Maine as valid claims that meet the requirements of
this paragraph.
``(c) Source for Certain Payments.--Notwithstanding any other
provision of law, if--
``(1) the Band is liable to the State of Maine or any county,
district, municipality, city, town, village, plantation, or any
other political subdivision thereof for any tax, payment in lieu of
property tax, or fees, together with any interest and penalties
thereon, and
``(2) there are insufficient funds in the Band Tax Fund to pay
such tax, payment, or fee (together with any interest or penalties
thereon) in full,
the deficiency shall be paid by the Band only from income-producing
property owned by the Band which is not held in trust for the Band by
the United States and the Band shall not be required to pay such tax,
payment, or fee (or any interest or penalty thereon) from any other
source.
``(d) Procedure for Filing and Payment of Claims.--The Secretary
shall, after consultation with the Commissioner of Finance of the State
of Maine, and the Band, prescribe written procedures governing the
filing and payment of claims under this section.
``SEC. 5. AROOSTOOK BAND TRUST LANDS.
``(a) In General.--Subject to the provisions of section 4, the
Secretary is authorized and directed to expend, at the request of the
Band, the principal of, and income accruing on, the Land Acquisition
Fund for the purposes of acquiring land or natural resources for the
Band and for no other purposes. Land or natural resources acquired
within the State of Maine with funds expended under the authority of
this subsection shall be held in trust by the United States for the
benefit of the Band.
``(b) Alienation.--(1) Land or natural resources acquired with funds
expended under the authority of subsection (a) and held in trust for the
benefit of the Band may be alienated only by--
``(A) takings for public use pursuant to the laws of the State
of Maine as provided in subsection (c);
``(B) takings for public use pursuant to the laws of the United
States; or
``(C) transfers made pursuant to an Act or joint resolution of
Congress.
All other transfers of land or natural resources acquired with funds
expended under the authority of subsection (a) and held in trust for the
benefit of such Band shall be void ab initio and without any validity in
law or equity.
``(2) The provisions of paragraph (1) shall not prohibit or limit
transfers of individual use assignments of land or natural resources
from one member of the Band to another member of such Band.
``(3) Land or natural resources held in trust for the benefit of the
Band may, at the request of the Band, be--
``(A) leased in accordance with the Act of August 9, 1955 (25
U.S.C. 415 et seq.);
``(B) leased in accordance with the Act of May 11, 1938 (25
U.S.C. 396a et seq.);
``(C) sold in accordance with section 7 of the Act of June 25,
1910 (25 U.S.C. 407);
``(D) subjected to rights-of-way in accordance with the Act of
February 5, 1948 (25 U.S.C. 323 et seq.);
``(E) exchanged for other land or natural resources of equal
value, or if they are not equal, the values shall be equalized by
the payment of money to the grantor or to the Secretary for deposit
in the land acquisition fund for the benefit of the Band, as the
circumstances require, so long as payment does not exceed 25 percent
of the total value of the interests in land to be transferred by the
Band; and
``(F) sold, only if at the time of sale the Secretary has
entered into an option agreement or contract of sale to purchase
other lands of approximate equal value.
``(c) Condemnation by State of Maine and Political Subdivisions
Thereof.--(1) Land or natural resources acquired with funds expended
under the authority of subsection (a) and held in trust for the benefit
of the Band may be condemned for public purposes by the State of Maine,
or any political subdivision thereof, only upon such terms and
conditions as shall be agreed upon in writing between the State and such
Band after the date of enactment of this Act [Nov. 26, 1991].
``(2) The consent of the United States is hereby given to the State
of Maine to further amend the Micmac Settlement Act for the purpose of
embodying the agreement described in paragraph (1).
``(d) Acquisition.--(1) Lands and natural resources may be acquired
by the Secretary for the Band only if the Secretary has, at any time
prior to such acquisition--
``(A) transmitted a letter to the Secretary of State of the
State of Maine stating that the Band Tax Fund contains $50,000; and
``(B) provided the Secretary of State of the State of Maine with
a copy of the procedures for filing and payment of claims prescribed
under section 4(d).
``(2)(A) No land or natural resources may be acquired by the
Secretary for the Band until the Secretary files with the Secretary of
State of the State of Maine a certified copy of the deed, contract, or
other conveyance setting forth the location and boundaries of the land
or natural resources to be acquired.
``(B) For purposes of subparagraph (A), a filing with the Secretary
of State of the State of Maine may be made by mail and, if such method
of filing is used, shall be considered to be completed on the date on
which the document is properly mailed to the Secretary of State of the
State of Maine.
``(3) Notwithstanding the provisions of the first section of the Act
of August 1, 1888 (40 U.S.C. 257) [now 40 U.S.C. 3113] and the first
section of the Act of February 26, 1931 (40 U.S.C. 258a) [now 40 U.S.C.
3114(a)-(d)], the Secretary may acquire land or natural resources under
this section from the ostensible owner of the land or natural resources
only if the Secretary and the ostensible owner of the land or natural
resources have agreed upon the identity of the land or natural resources
to be sold and upon the purchase price and other terms of sale. Subject
to the agreement required by the preceding sentence, the Secretary may
institute condemnation proceedings in order to perfect title,
satisfactory to the Attorney General of the United States, in the United
States and condemn interests adverse to the ostensible owner.
``(4)(A) When trust or restricted land or natural resources of the
Band are condemned pursuant to any law of the United States other than
this Act, the proceeds paid in compensation for such condemnation shall
be deposited into the Land Acquisition Fund and shall be reinvested in
acreage within unorganized or unincorporated areas of the State of
Maine. When the proceeds are reinvested in land whose acreage does not
exceed that of the land taken, all the land shall be acquired in trust.
When the proceeds are invested in land whose acreage exceeds the acreage
of the land taken, the Band shall designate, with the approval of the
United States, and within 30 days of such reinvestment, that portion of
the land acquired by the reinvestment, not to exceed the area taken,
which shall be acquired in trust. The land acquired from the proceeds
that is not acquired in trust shall be held in fee by the Band. The
Secretary shall certify, in writing, to the Secretary of State of the
State of Maine the location, boundaries, and status of the land acquired
from the proceeds.
``(B) The State of Maine shall have initial jurisdiction over
condemnation proceedings brought under this section. The United States
shall be a necessary party to any such condemnation proceedings. After
exhaustion of all State administrative remedies, the United States is
authorized to seek judicial review of all relevant matters involved in
such condemnation proceedings in the courts of the United States and
shall have an absolute right of removal, at its discretion, over any
action commenced in the courts of the State.
``(5) Land or natural resources acquired by the Secretary in trust
for the Band shall be managed and administered in accordance with terms
established by the Band and agreed to by the Secretary in accordance
with section 102 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450f) or other applicable law.
``SEC. 6. LAWS APPLICABLE.
``(a) Federal Recognition.--Federal recognition is hereby extended
to the Aroostook Band of Micmacs. The Band shall be eligible to receive
all of the financial benefits which the United States provides to
Indians and Indian tribes to the same extent, and subject to the same
eligibility criteria, generally applicable to other federally recognized
Indians and Indian tribes.
``(b) Application of Federal Law.--For the purposes of application
of Federal law, the Band and its lands shall have the same status as
other tribes and their lands accorded Federal recognition under the
terms of the Maine Indian Claims Settlement Act of 1980 [25 U.S.C. 1721
et seq.].
``(c) Eligibility for Special Services.--Notwithstanding any other
provision of law authorizing the provision of special programs and
services by the United States to Indians because of their status as
Indians, any member of the Band in Aroostook County, Maine, shall be
eligible for such services without regard to the existence of a
reservation or the residence of members of the Band on or near a
reservation.
``(d) Agreements With State Regarding Jurisdiction.--The State of
Maine and the Band are authorized to execute agreements regarding the
jurisdiction of the State of Maine over lands owned by, or held in trust
for the benefit of, the Band or any member of the Band. The consent of
the United States is hereby given to the State of Maine to amend the
Micmac Settlement Act for this purpose: Provided, That such amendment is
made with the agreement of the Aroostook Band of Micmacs.
``SEC. 7. TRIBAL ORGANIZATION.
``(a) In General.--The Band may organize for its common welfare and
adopt an appropriate instrument in writing to govern the affairs of the
Band when acting in its governmental capacity. Such instrument and any
amendments thereto must be consistent with the terms of this Act. The
Band shall file with the Secretary a copy of its organic governing
document and any amendments thereto.
``(b) Members.--For purposes of benefits provided by reason of this
Act, only persons who are citizens of the United States may be
considered members of the Band except persons who, as of the date of
enactment of this Act [Nov. 26, 1991], are enrolled members on the
Band's existing membership roll, and direct lineal descendants of such
members. Membership in the Band shall be subject to such further
qualifications as may be provided by the Band in its organic governing
document, or amendments thereto, subject to approval by the Secretary.
``SEC. 8. IMPLEMENTATION OF THE INDIAN CHILD WELFARE ACT.
``For the purposes of this section, the Band is an `Indian tribe'
within the meaning of section 4(8) of the Indian Child Welfare Act of
1978 (25 U.S.C. 1903(8)), except that nothing in this section shall
alter or affect the jurisdiction of the State of Maine over child
welfare matters as provided by the Maine Indian Claims Settlement Act of
1980 [25 U.S.C. 1721 et seq.].
``SEC. 9. FEDERAL FINANCIAL AID PROGRAMS UNAFFECTED BY PAYMENTS UNDER
THIS ACT.
``(a) State of Maine.--No payments to be made for the benefit of the
Band pursuant to this Act shall be considered by any agency or
department of the United States in determining or computing the
eligibility of the State of Maine for participation in any financial aid
program of the United States.
``(b) Band and Members of the Band.--(1) The eligibility for, or
receipt of, payments from the State of Maine by the Band or any of its
members shall not be considered by any department or agency of the
United States in determining the eligibility of, or computing payments
to, the Band or any of the members of the Band under any Federal
financial aid program.
``(2) To the extent that eligibility for the benefits of any Federal
financial aid program is dependent upon a showing of need by the
applicant, the administering agency shall not be barred by this
subsection from considering the actual financial situation of the
applicant.
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $900,000 for the fiscal
year 1992 for transfer to the Aroostook Band of Micmacs Land Acquisition
Fund.
``SEC. 11. INTERPRETATION.
``In the event of a conflict of interpretation between the
provisions of the Maine Implementing Act, the Micmac Settlement Act, or
the Maine Indian Claims Settlement Act of 1980 [25 U.S.C. 1721 et seq.]
and this Act, the provisions of this Act shall govern.
``SEC. 12. LIMITATION OF ACTIONS.
``No provision of this Act may be construed to confer jurisdiction
to sue, or to grant implied consent to the Band to sue, the United
States or any of its officers with respect to the claims extinguished by
the Maine Indian Claims Settlement Act of 1980 [25 U.S.C. 1721 et
seq.].''
